Have you ever received a “free” lead in your inbox? Depending on your personal experience, you may initially think it’s a free lead to let you sample what a particular lead generator can do for you. Or you may not even know how you actually got the lead. What do you do? Do you contact this prospect? Your decision on how to handle the inquiry will determine how much the lead could cost you in the end.
There are a few variables to consider before deciding to contact a “free” lead.
- Do you know where the lead came from? Even if the lead source is listed, it’s important to know how it was generated to result in a consumer providing their information. Did he or she know they were inquiring specifically for a product from your brand? While you may not be able to track back the full path, at a minimum, check out the referring URL to ensure no bait and switch tactics were used.
- Did the consumer consent to contact, and in what forms? If you received a consumer’s contact information, it’s important that they consented to be contacted. Because the lead is free, let’s make the assumption you did not provide authorized consent language. You must be able to answer…
- What language was used?
- Did they consent to be contacted by your business or only the lead generator?
- Did the lead get to opt-in for TCPA consent specific to your business?
It’s important to have these answers because fines can add up quickly when it comes to consumer consent violations.
- Can you get access to the data collection of consent? You should also have access to opt-out data as it pertains to the consumer opting out on the lead generator side. This is just as important as knowing if consent language and opt-in were available on the inquiry form. Businesses are subject to fines and potential litigation for not observing opt-out requests. This would also be helpful in opening up the option to email the consumer. Email does not require prior consent, but once someone unsubscribes or opt-outs, a business can no longer email them unless he or she opts back in. Without control of the consent language and the data being collected, emailing could be risky as well.
Businesses hold lead generators to higher standards today and justifiably so considering the regulatory environment. Any source of a lead is subject to scrutiny and not knowing is not a defense. Before you decide to contact that “free” lead, calculate the possible fines and don’t let it costs your brand money or its reputation.
In 2015 the Federal Communications Commission (FCC) outlined new rules regarding the Telephone Consumer Protection Act (TCPA). This anticipated ruling brought into light the definition of “capacity” with respect to “automatic telephone dialing system”.
Let’s take a look at what this means for your organization and how you can maintain compliance in 2016. We’ll start with the FCC’s definition of the autodialer in the Declaratory Ruling.
Scope and Definition of an Autodialer
equipment which has the capacity—
(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and
(B) to dial such numbers. 47 U.S.C. § 227(a)(1) (emphasis added).
The FCC concluded that “the TCPA’s use of ‘capacity’ does not exempt equipment that lacks the ‘present ability’ to dial randomly or sequentially.” Rather, “the capacity of an autodialer is not limited to its current configuration but also includes its potential functionalities.” This clarification of the definition of an autodialer is really important, because it voids the widely adopted strategy of manually dialing mobile phone numbers. If the phone you are using to manually dial mobile phone numbers is still considered an autodialer under the law, it doesn’t matter if you manually dial or autodial the number.
This is especially important in the for-profit school sector as it defines what is considered consent when dealing with TCPA language in respect to prospective students. Not only is it important to gain permission once the prospective students’ identification has been established, it is imperative that there are clear steps and language to opt-out of receiving calls or text messages should the consumer decide no further contact is desired.
To learn more about the ruling and how to maintain your TCPA compliance, contact us at 888-547-7110.
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All marketers are familiar with the wide-sweeping TCPA legislation that has been consumer focused regarding unwanted calls and text messages. Now, the FCC wants to close loopholes and has indicated more restrictions are on the horizon.
Are you unsure of the impact this may have on your organization? Watch the short 4 minute clip below as IntegriShield President Jennifer Flood answers the questions we frequently get from marketers and clients.
Institutions are under strict scrutiny surrounding their online advertising efforts. But, it’s also imperative for the institution’s website to be in compliance with the standards and regulations set forth by the Department of Education (DOE), Federal Trade Commission (FTC), Federal Communications Commission (FCC), your accrediting body and industry standards. Below is a checklist of points to consider when reviewing the information provided on your website.
Compliant Website Checklist:
- Visibility of accreditation statement
- Representation of accreditation – full and complete accreditation information – acronyms and banned terms omitted
- Easily navigable – at least within one click of the homepage
- Provide all required criteria expected to be completed prior to enrollment
- Include all educational requirements
- Contact information provided for prospective students
- Detailed and clear explanation of offerings that the Career Services department provides
- No job placement guarantees
- Omission of banned terms, such as “career placement”
Gainful Employment Disclosures
- Clear presence of disclosure information
- Disclosure information is in the required Gainful Employment Disclosure Template developed by the DOE
- Qualification rules
- How applicants can learn about qualifying
- Financial aid eligibility disclaimer present
- Timeframe for completion listed correctly
- Program length disclaimer
- Listings are accurate and approved by the DOE
- Acceptable states for admissions
- Citations provided for statistics listed on the page
- Consent language present on lead form
- Language must include all components within the FCC definition
- Must be actual statements
- Some accreditors do not allow institutions to use testimonials from current students on their website
Stay tuned for our next webinar where we’ll cover this topic in more depth! Get early access to webinar information. (opens in a new window)
Telephone Consumer Protection Act 2013 Updates: Are you Prepared?
Effective October 16, 2013: the Federal Communications Commission’s rules implementing the Telephone Consumer Protection Act.
The Federal Communications Commission’s TCPA rules will require “prior express written consent” before a business may:
- Send advertising or telemarketing text messages using an “automatic telephone dialing system”;
- Initiate an advertising or telemarketing phone call to a mobile phone number using an ATDS or an artificial or prerecorded voice;
- Initiate a telephone call to a residential line for commercial purposes (unless those commercial purposes do not introduce an advertisement or constitute telemarketing).
The FCC’s new rules will also eliminate the “Established business relationship” exemption no longer relieving advertisers of prior unambiguous written consent requirement also, effective on October 16th. In most instances, only “prior express consent” is required. Prior written consent should be a clear and conspicuous disclosure requesting the consumer’s consent to be contacted.
What This Means for Companies?
Advertisers will be held responsible for all unsolicited telemarketing and autodialed calls and messages. Each unsolicited call or message will now require prior written consent from consumers that must be maintained by the advertiser for at least for four years.
Proof of internet provided consent includes but is not limited to:
- Email, website form, text message, telephone key press, or voice mail
- Website pages that contain consumer consent language and fields.
- Associated screenshot of the consent webpage as seen by the consumer where contact information is collected.
- Complete data record submitted by consumer with time and date stamp.
The TCPA enables individuals to file lawsuits against companies that place telemarketing calls or use autodialers without prior consent from the consumer. The FCC’s definition of “autodialer” is very broad leaving many advertisers unknowingly at risk. Once effective the majority of the “opt-in” language that you are currently using will not meet the new rigorous cell consent standards. Penalties range from $500 – $1,500 per unsolicited call or message. October 16th is right around the corner, IntegriShield can ensure that your company is prepared.